A proposed law aimed at tightening regulations in Jamaica’s rapidly growing gated communities is gaining support from some residents and real estate stakeholders, who say it could address long-standing issues such as unpaid maintenance fees, weak enforcement of rules, and security concerns.

The proposed Shared Communities Act, 2026, recently tabled in Parliament, would introduce a legal framework to govern gated or shared communities. Among its provisions are mandatory maintenance contributions, stronger enforcement powers for community management bodies, and stricter penalties for non-compliance.

If passed, the legislation would require property owners within these developments to become members of a legally recognised community corporation responsible for maintaining shared spaces and collecting contributions. Residents who breach community bylaws could face fines of up to $1 million, while persistent failure to pay maintenance fees could ultimately result in the seizure and sale of property to recover outstanding contributions.

For some homeowners and community leaders, the proposed measures could help resolve challenges that have persisted for years.

Sharon Kerr, president of a gated community homeowners’ association in Coral Spring, Trelawny, said many communities struggle to collect maintenance fees from residents who refuse to contribute toward the upkeep of shared facilities.

“We have a lot of non-compliant residents. Some of them have never paid,” Kerr said, noting that monthly maintenance fees in her community currently stand at $5,000 per month, which residents were informed about when purchasing their properties.

Kerr, who has served as president of the community association for three years, said the proposed legislation could significantly improve the management of gated communities by providing stronger legal authority to collect outstanding dues, as associations currently rely on informal methods to collect dues.

“We do what we call gentle persuasion… but some residents still refuse to pay,” she said, adding that legal action is often too costly and uncertain to pursue.

However, real estate agent Victor Brown, owner of Victor Brown and Associates, said the issue extends beyond unpaid fees, pointing to broader concerns about security and standardisation within gated developments.

“The main purpose is control…control and making the community setting safe,” he said, pointing to security as a major factor driving demand for such developments.

Brown noted that shared community systems are designed to standardise services such as security, garbage collection, and maintenance, which residents pay to access.

He added that similar enforcement powers already exist in strata communities, where authorities can recover unpaid fees through the sale of property.

“If the payments are not made…the corporation can sell the unit to recover funds,” he said, describing the proposed sanctions as “very strong”.

The proposed law would extend such powers to non-strata gated communities, many of which currently lack legal authority to enforce rules or collect fees.

Brown said the move could improve the overall standard of these developments.

“We have seen communities being uplifted… it maintains a certain appeal,” he said.

He added that stronger regulation could also support the growing use of gated communities for short-term rentals, a sector increasingly linked to tourism.

Currently the Bill is still under review for its “wide-ranging implications”, but if approved, the legislation would mark a significant shift in how gated communities are governed and how residents are held accountable.